OSHA Inspection: EVERGREEN TERRACE CARE CENTER LLC

Issued

Jan 19, 2012

Abate by

Jan 24, 2012

Penalty

Initial $3,500 · Current $2,100 Reduced

General-duty citation text

29 CFR 1910.1030(c)(1)(iv)(A): The Exposure Control Plan was not updated to reflect changes in technology that would eliminate or reduce exposure to bloodborne pathogens:      a) On or about November 14, 2011 and at times prior, the Exposure Control Plan did not include changes in technology that would eliminate or reduce exposure to bloodborne pathogens

Issued

Jan 19, 2012

Abate by

Jan 24, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1030(c)(1)(iv)(B): The Exposure Control Plan did not document annual consideration and implementation of appropriate commercially available and effective safer medical devices designed to eliminate or minimize occupational exposure:     a) On or about November 14, 2011 and at times prior, the Exposure Control Plan did not document annual consideration and implementation of safer devices, designed to eliminate or minimize exposure.

Issued

Jan 19, 2012

Abate by

Jan 24, 2012

Penalty

Initial $2,100 · Current $1,260 Reduced

General-duty citation text

29 CFR 1910.1030(c)(1)(v):  The employer's Exposure Control Plan did not document the solicitation of input from non-managerial employees responsible for direct patient care who are potentially exposed to injuries from contaminated sharps in the identification, evaluation, and selection of effective engineering and work practices controls:    a) On about November 14, 2011 and at times prior, the Exposure Control Plan did not reflect the solicitation nor documentation of the input from non-managerial employees with occupational exposure in the identification, evaluation, and selection of effective engineering controls.

Issued

Jan 19, 2012

Abate by

Jan 24, 2012

Penalty

Initial $3,500 · Current $2,100 Reduced

General-duty citation text

29 CFR 1910.1030(h)(5)(i): The employer did not establish and maintain a sharps log for the recording of percutaneous injuries from contaminated sharps:    a) On or about November 14, 2011 and at time prior, the employer had not maintained a sharps injury log to cover the calendar year 2010 in that there was a needle stick incident. On November 28, 2010, an employee received a needle stick to the middle finger of the right hand, while giving out medication.  The sharps container was too full and the needle was not covered and was sticking out of the container.    b) On or about November 14, 2011 and at time prior, the employer had not maintained a sharps injury log to cover the calendar year 2009 in that there was a needle stick incident. On.December 4, 2009, an employee was about to give insulin medication and received a needle stick in a finger of the left hand     Abatement Note:  Abatement certification is required for this item (see enclosed "Sample Abatement-Certification Letter").

Issued

Jan 19, 2012

Abate by

Jan 24, 2012

Penalty

Initial $700 · Current $420 Reduced

General-duty citation text

29 CFR 1904.4(a): Each employer required by this part to keep records of fatalities, injuries, and illnesses did not record each fatality, injury and illness that was work-related, a new case, and meets one or more of the general recording criteria:    a) On or about November 14, 2011 and at times prior, the employer did not record on the 2011 OSHA 300 Log that an employee received medical treatment for an incident that occurred on April 28, 2011.    b) On or about November 14, 2011 and at times prior, the employer did not record on the 2010 OSHA 300 Log that an employee received medical treatment for an incident that occurred on April 6, 2010.

Issued

Jan 19, 2012

Abate by

Jan 24, 2012

Penalty

Initial $700 · Current $420 Reduced

General-duty citation text

29 CFR 1904.7(b)(3): When an injury or illness involved one or more days away from work, the employer failed to correctly record the following workplace injury and/or illness correctly on the OSHA Log:     On or about November 14, 2011, the employer did not accurately record the following workplace injury and/or illness on the OSHA 300 Log for calendar year 2010:    For an employee who experienced a twisted lower back on or about August 1, 2010, where only information in Column (L) and Column (M1) were recorded. The number of days of restriction (Column L) was recorded as 20. The employer should have recorded the injury with a check in Column (H) and 2 days in Column (K) and 21 days in Column (L).    Definitions:  Column (H) is to record Days Away From Work.  Column (I) is to record Days of Job Transfer or Restriction. Column (J) is to record Other Recordable Cases. Column (K) is to record the number of days away from work. Column (L) is to record the number of days with restricted activity or job transfer. Column (M)(1) through (M)(6) indicates if entry is an injury or one of 5 types of illness.

Issued

Jan 19, 2012

Abate by

Jan 24, 2012

Penalty

Initial $700 · Current $420 Reduced

General-duty citation text

29 CFR 1904.7(b)(4): When an injury or illness involves restricted work or job transfer but does not involve death or days away from work the employer must record the injury or illness on the OSHA 300 log by placing a check mark in the space:    a) On or about November 14, 2011 and at times prior, the employer did not properly record work-related injury or illness that resulted in restricted work or job transfer. Such injuries are to be recorded on the OSHA 300 Log by placing a check mark in the space for job transfer or restriction and an entry in the number of restricted workdays column. The employer failed to properly record the following cases that met this recording criteria on the year 2010 Log:    On or about July 31, 2010, Entry #8 was only recorded with a check in Column (M1). The correct recording should include a check in Column (I) and 2 days in Column (L).  The employers new entry number for this incident is 410.            On or about August 8, 2010, Entry #9 was recorded with 6 days in Column (L) and a check in Column (M1).  The correct recording should be a check in Column (I) and 5 days in Column (L).  The employers new entry number for this incident is #610.    On or about August 20, 2010, Entry #10 was recorded only with a check in Column (M1). The correct recording should include a check in Column (I) and 10 days in Column (L). The employers new entry number for this incident is #710.    On or about September 6, 2010, Entry #12 was only recorded with a check in Column (M1). The correct recording should include a check in Column (I) and 7 days in Column (L).  The employers new entry number for this incident is #810.    On or about September 7, 2010, Entry #13 was only recorded with a check in Column (M1). The correct recording should include a check in Column (I) and 12 days in Column (L).  The employers new entry number for this incident is #910.             On or about December 30, 2010, Entry #19 was only recorded with 5 days in Column (K) and a check in Column (M1). The correct recording should be a check in Column (I) and 12     days in Column (L).  The employers new entry number for this incident is #1210.              Definitions:  Column (H) is to record Days Away From Work.  Column (I) is to record Days of Job Transfer or Restriction. Column (J) is to record Other Recordable Cases. Column (K) is to record the number of days away from work. Column (L) is to record the number of days with restricted activity or job transfer. Column (M)(1) through (M)(6) indicates if entry is an injury or one of 5 types of illness.

Issued

Jan 19, 2012

Abate by

Jan 24, 2012

Penalty

Initial $700 · Current $420 Reduced

General-duty citation text

29 CFR 1904.7(b)(5): When an injury or illness involves medical treatment beyond first aid, you must record it on the OSHA 300 Log. You must enter a check mark in the box for cases where the employee received medical treatment but remained at work and was not transferred or restricted:    a) On or about November 14, 2011, the employer did not record the following workplace injuries and illnesses correctly on the OSHA 300 Log for calendar year 2010:    On or about May 11, 2010, Entry #3 was recorded only as an injury in Column (M1). The correct recording should also have a check in Column (J).  The employers new number for this incident is #210.    On or about June 14, 2010, Entry #5 was recorded only as an injury in Column (M1). The correct recording should also have a check in Column (J).  The employers new number for this incident is #310.       On or about November 18, 2010, Entry #16 was recorded with 1 day in Column (K) and as an injury in Column (M1).  The correct recording should have a check in Column (J).  The employers new number for this incident is #1110.       On or about November 28, 2010, Entry #17 was recorded only as an injury in Column (M1). The correct recording should also have a check in Column (J).  The employers new number for this incident is #1010.        b) On or about November 14, 2011, the employer did not record the following workplace injuries and illnesses correctly on the OSHA 300 Log for calendar year 2011:    On or about January 22, 2011, Entry # 3462975 was recorded with a check in Column (H) and 2 days in Column (L). The correct recording should have been a check in Column (J).  The employers new number for this incident is #111.    Definitions:  Column (H) is to record Days Away From Work.  Column (I) is to record Days of Job Transfer or Restriction. Column (J) is to record Other Recordable Cases. Column (K) is to record the number of days away from work. Column (L) is to record the number of days with restricted activity or job transfer.  Column (M)(1) through (M)(6) indicates if entry is an injury or one of 5 types of illness.

Issued

Jan 19, 2012

Abate by

Jan 24, 2012

Penalty

Initial $700 · Current $420 Reduced

General-duty citation text

29 CFR 1904.29(b)(1): A Log of all recordable work-related injuries and illnesses (OSHA form 300 or equivalent) was not completed in the detail as required by the regulation:    a) On or about November 14, 2011 and at times prior, the OSHA 300 for the following year was not completed in the detail as required by the regulation, in that, Column (F) did not include the description of the injury or illness, parts of body affected, and object/substance that directly injured or made the person ill:    Year 2010: Column (F) lacked the information detailing the object/substance that directly injured or made the person ill for Entry #1 (new #110), Entry #3 (new #210), Entry #9 (new #610), Entry #10 (new # 710), Entry #16 (new #1110) and Entry #19 (new #1210).    Year 2010: Column (F) lacked the information detailing what the injury or illness was for Entry #3 (new #210), Entry #5 (new #310), Entry #8 (new #410), Entry #12 (new #810) and Entry #13 (new #910).         b) On or about November 14, 2011 and at times prior, the OSHA 300 for the following year was not completed in the detail as required by the regulation, in that the Date of Injury or onset of illness (Column D) asked for recording of the month/day.  Column (D) on all 12 entries of the employers OSHA 300 for the year 2010 recorded the month then the year; not the month and the day.         c) On or about November 14, 2011 and at times prior, the OSHA 300 used by the employer for the recording covering the year 2011 was not the current version:

Issued

Jan 19, 2012

Abate by

Jan 24, 2012

Penalty

Initial $700 · Current $420 Reduced

General-duty citation text

29 CFR 1904.29(b)(2): The employer must complete an OSHA 301 Incident Report form or an equivalent form, for each recordable injury or illness entered on the OSHA 300 Log:    a) On or about November 14, 2011, an incident report (OSHA 301 or equivalent) for each injury or illness was not accurately completed as required by the regulation:    Entries recorded on the 300 Log, for the Year 2011 did not contain the information required in all of the blocks on the employer's OSHA 301 or equivalent form. Block #6 on the Employer's 301 or equivalent form was left blank for Entry #2 (new #211).  Block #7 on the OSHA 301 or equivalent form was left blank for Entry #1 (new #111).     Entries recorded on the 300 Log, for the Year 2010 did not contain the information required in all of the blocks on the employer's OSHA 301 or equivalent form. Block #6 on the Employer's 301 or equivalent form was left blank for Entry #3 (new #210) and on Entry #8 (new #410) on the OSHA 300 Log. Block #7 on the OSHA 301 or equivalent form was left blank for Entry #7 (new #510) and Entry #12 (new #810) on the OSHA 300 Log.    Entries recorded on the 300 Log, for the Year 2009 did not contain the information required in all of the blocks on the employer's OSHA 301 or equivalent form.  Block #6 and #7 on the Employer's 301 or equivalent form was left blank for Entry #3 on the OSHA 300 Log. Block #6 on the OSHA 301 or equivalent form was left blank for Entry #1 and Entry #2 on the OSHA 300 Log.      DEFINITIONS: An OSHA 301 or equivalent form includes blocks of information required to be recorded.  Block #6 is, "name of physician or other health care professional."  Block #7 is, "If treatment was given away from the worksite, where was it given?" Asking for facility name, street address (street, city, state and zip code).  Block #4 is, "Date hired." and Block #12 is, "Time employee began work am/pm."

Issued

Jan 19, 2012

Abate by

Jan 24, 2012

Penalty

Initial $700 · Current $420 Reduced

General-duty citation text

29 CFR 1904.29(b)(3): Each Recordable injury or illness was not entered on the OSHA 300 Log and/or an incident report (OSHA 301 form or equivalent) within seven (7) calendar days of receiving information that a recordable injury or illness occurred:    a) On or about November 14, 2011 and at times prior, injuries recorded on the OSHA 300 for the Year 2011 were not kept current:       Entry #3464101 (new #211) was an injury occurring on January 31, 2011 that was recorded as days away from work (Column H), with 1 day of restriction (Column L).  The injury resulted in 28 days of restriction.  Column (I) should have been checked and Column (L) should have recorded 28 days.    Entry #3465158 (new #311) was an injury occurring on  February 9, 2011 that was recorded as both days away from work (Column H) and days of restriction (Column I), with 1 day of restriction (Column L).   The injury resulted in 3 days away from work and 57 days of restriction.  Column (H) should have been checked and Column (K) should have 3 days recorded and Column (L) should have 57 days recorded.    Definitions:  Column (H) is to record Days Away From Work.  Column (I) is to record Days of Job Transfer or Restriction. Column (J) is to record Other Recordable Cases. Column (K) is to record the number of days away from work. Column (L) is to record the number of days with restricted activity or job transfer.  Column (M)(1) through (M)(6) indicates if entry is an injury or one of 5 types of illness.

Issued

Jan 19, 2012

Abate by

Jan 24, 2012

Penalty

Initial $700 · Current $420 Reduced

General-duty citation text

29 CFR 1904.32(b)(2)(i):  The employer failed to complete the Summary of Work-Related Injury and Illnesses  (OSHA 300A or equivalent) with the total of the columns on the OSHA 300 Log (If you had no recordable cases, enter zeros for each column total):    a) On or about November 14, 2011, the employer did not adequately complete the OSHA 300A Form:    The employers OSHA 300A (or equivalent) for the Year 2010 contained incorrect totals in Columns (H) (I), (J), (K), (L) and (M1).   The DART rate with these incorrect totals was 14.88. The DART calculation with updated totals was 21.65.    The employers copy of the OSHA 300A for the Year 2009 was still in the process of being located.  An OSHA ODI Summary calculation for the Year 2009, previously submitted by the employer, has a DART of 18.03.        Definitions:  Column (H) is to record Days Away From Work.  Column (I) is to record Days of Job Transfer or Restriction. Column (J) is to record Other Recordable Cases. Column (K) is to record the number of days away from work. Column (L) is to record the number of days with restricted activity or job transfer. Column (M)(1) through (M)(6) indicates if entry is an injury or one of five types of illness.